Amendments in the Export Oriented Units and Small and Medium Enterprises Rules.
GOVERNMENT OF PAKISTAN
(REVENUE DIVISION)
FEDERAL BOARD OF REVENUE
*****
Islamabad the 13th June, 2009.
NOTIFICATION
(CUSTOMS/SALES TAX/FEDERAL EXCISE)
S.R.O. 494(I)/2009.–– In exercise of the powers conferred by section 219
of the Customs Act, 1969 (IV of 1969), section 50 of the Sales Tax Act, 1990 and
section 40 of the Federal Excise Act, 2005, the Federal Board of Revenue is pleased to
direct that the following amendments shall be made in the Export Oriented Units and
Small and Medium Enterprises Rules, namely:–
In the aforesaid Rules,––
(i) in rule 2, in sub-rule 1, in clause (c) for the words “established
unless otherwise specified” the words “registered for sales tax
purpose.” shall be substituted;
(ii) in rule 3, in sub-rule (1), after the word “Collector”, the words,
figures and commas “of Customs having jurisdiction in which the
unit is registered under the Sales Tax Act, 1990, and in case there
are more than one unit of a proprietor, he shall apply to the
Collector of Customs where the head office of applicant is
registered under the Sales Tax Act, 1990,” shall be inserted;
(iii) in clause (f), after the words “general bond”, the words “equal to the
amount of duty and taxes” shall be inserted;
(iv) in rule (8), in sub-rule (2), after the word and full stop “Unit.” at the
end, the words, comma, letters and figures “The unit shall be
allowed to avail licence either under Chapter XV of the Customs
Rules, 2001 or these Rules at one time.” Shall be added;
(v) in rule 10, in sub-rule (1),––
(i) after clause (a), the following new clause shall be inserted,
namely:–
“(a1) the Collector of Customs may allow transfer of
input goods from a Customs Bond to an Export
Oriented Unit without payment of customs duty and
other taxes against an indemnity bond as set out in
Appendix-VII to this chapter on submission of an
application, by the licensee, as set out in Appendix-
VIII to this chapter.”;
(ii) in clause (e), for the full stop at the end, a colon shall be
substituted and thereafter the following provisos shall be
added, namely:–
“Provided that plant, machinery, equipment
and apparatus including capital goods imported for an
Export Oriented Unit shall be retained for a period of
ten years from the date of importation;
Provided further that the disposal of plant,
machinery, equipment and apparatus before the
expiration of ten years shall be subjected to following
reduced rates of duty and taxes leviable at the time of
importation, namely:–
Disposal Period Duty and Taxes
(i) If sold or otherwise Full
disposed of before the
expiration of five years from
the date of importation.
(ii) If sold or otherwise 50%
disposed of after five and
before seven and half years
from the date of importation.
(iii) If sold or otherwise 25%
disposed of after seven and
half years and before ten
years from the date of
importation.
(iv) If sold or otherwise 0%”;
disposed of after ten years
from the date of importation.
(vi) in rule 14,––
(a) for sub-rule (3), the following shall be substituted, namely:–
“Such post-exportation audit shall be conducted by
the Collector of Customs, in whose jurisdiction the
licensee is registered.”; and
(b) in sub-rule (4), for the words “Sales Tax and Federal Excise”
the word “Customs” shall be substituted.
[C.No.11(25)EP/2007]